91 RESOLUTION NO. _______ _
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3 A Resolution authorizing the South Miami Community Redevelopment Agency to
4 reapply for Special Use approval pursuant to Section 20-3.5(D)(1) and other
5 applicable provisions of the South Miami Land Development Code approving an
6 increase from two stories to three stories for a Mixed-Use Project on the West
7 Madison Square property as legally described herein.
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10 WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns several
11 parcels on the south side of SW 64 th Street between SW 60 th Avenue and SW 59 th Place, as follows: 5978
12 SW 64 th Street (folio 09-4025-010-0010), 6415 SW 60 th Avenue (folio 09-4025-010-0030),6429 SW 60 th
13 Avenue (folio 09-4025-010-0040), 6442 SW 59 th Place (folio 09-4025-010-0180), 6420 SW 59th Place
14 (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 09-4025-010-0050, 09-4025-
15 010-0020, 09-4025-010-0140, and 09-4025-010-0170 (collectively referred to as "West Madison
16 Square"); and
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18 WHEREAS, the parcels are all zoned "SR" Specialty Retail except for 6443 SW 60 th Avenue,
19 which is zoned "RS-4" Single-Family; and
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21 WHEREAS, the SR district allows a maximum building height of four (4) stories or fifty (50)
22 feet pursuant to Section 20-3 .5G ofthe Land Development Code (LDC); and
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24 WHEREAS, LDC Section 20-3.5(D) provides that, if a property is abutting a single-family
25 zoning district the maximum height of any new building on that property is limited to two stories,
26 however, additional height may be obtained via the Special Use process set forth in Section 20-5.8; and
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28 WHEREAS, the South Miami Community Redevelopment Agency ("SMCRA") previously
29 submitted application PB-17 -008 requesting a Special Use approval to develop a mixed-use project on the
30 site; and
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32 WHEREAS, adjacent to the site on the north, south and west are single-family residential
33 districts; and
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35 WHEREAS, Section 20-3.5(D)(1) stipulates that additional project height may be obtained via
36 the Special Use permit process as set forth in Section 20-5.8, the pertinent parts of which areas follows:
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38 20-5.8 Special use approvals.
39 (B)Required Conditions.
40 (1) Prior to approving a special use, the city commission shall find that such use meets the
41 conditional requirements set forth in Section 20-3.4 and that it
42 (a) Will not adversely affect the health or safety of persons residing or working in the
43 vicinity of the proposed use;
44 (b) Will not be detrimental to the public welfare or property or improvements in the
45 neighborhood; and
46 ( c) Complies with all other applicable Code provisions.
47 (2) Additional Conditions. The city commission may designate such additional conditions in
48 connection with a special use as will, in its opinion, assure that such use will conform to
49 the foregoing requirements.
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1 WHEREAS, Section 20-3.4 sets forth general requirements for Special Use approvals as well as
2 special requirements for specific types of uses; and
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4 WHEREAS, the general requirements of Section 20-3.4 are as follows:
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6 (1) All such uses shall comply with all requirements established in the appropriate zoning
7 district, unless additional or more restrictive requirements are set forth below or by the City
8 Commission.
9 (2) All such uses shall be determined to be of a compatible and complementary nature with any
10 existing, planned or anticipated surrounding uses.
11 (3) A public hearing shall be held by the City Commission to determine the overall compatibility
12 of the use with the surrounding neighborhood.
13 (4) If a special use is, in the future, determined by the Director of the Planning and Zoning
14 Department or the City Commission, to be adversely affecting the health, safety or welfare,
15 including quiet enjoyment, of persons residing or working in the vicinity of the proposed use,
16 or otherwise to be detrimental to the public welfare or property or improvements in the
17 surrounding neighborhood, or to be not in compliance with any other applicable Code
18 provisions, the Special Use approval may be modified, with conditions of approval revised or
19 added to alleviate such adverse effect, or revoked by the City Commission upon notification
20 and public hearing.
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22 WHEREAS, Section 20-3.4 does not provide any specific requirements for a Special Use
23 approval pertaining to an increase in the number of stories; and
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25 WHEREAS, Section 20-5.8(C) of the LDC provides that an approval shall lapse after six (6)
26 months ifno master building permit which implements the Special Use has been issued for such use. The
27 City Commission may specify a longer approval period for good cause; and
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29 WHEREAS, the Special Use review process requires a recommendation from the Planning
30 Board and the approval ofthe City Commission after a public hearing; and
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32 WHEREAS, at the May 30, 2017 special meeting, the Planning Board following a public
33 hearing, voted to recommend approval application PB-17-008; and
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35 WHEREAS, staff and the Planning Board also recommend that the approval period be extended
36 beyond six (6) months; and
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38 WHEREAS, this resolution was presented to the City Commission at its June 6, 2017 meeting
39 and it failed to be adopted by a vote of three to two (Commissioner Edmond and Commissioner Liebman
40 voting against it); and
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42 WHEREAS, section 20-5.8 (E) provides that there shall be no reapplication of an application for
43 a special use involving the same or substantially the same property for a period of one year unless there is
44 evidence submitted to and accepted by the city commission which justifies such reconsideration; and
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46 WHEREAS, the original application called for approval of four stories; and
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48 WHEREAS, the SMCRA desires to reapply for the special use approval and limit the application
49 to only three stories and to limit the buildings to the areas and to the height show on the attached plans.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
. Section 1: There is evidence presented which limits the height and location of the buildings and
which justifies reconsideration of Application PB-17 -008 submitted by the applicant, the South Miami
Community Redevelopment Agency ("SMCRA").
Section 2: The South Miami Community Redevelopment Agency is hereby granted permission
to reapply for Special Use approval.
Section 3: This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this __ , day of ___ , 2017.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
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APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman: